Transportation Compliance Associates, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 August 19, 2021 Mr. Michael D. Alston Vice President Hazardous Materials Operations Transportation Compliance Associates, Inc. 1340 Route 30 Clinton, PA 15026 Reference No. 21-0067 Dear Mr. Alston: This letter is in response to your June 24, 2021, email and subsequent phone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the responsibility for signing the shipper’s certification on a hazardous material shipping paper. Specifically, you ask whether the driver of a cargo tank motor vehicle (CTMV) is responsible for signing the shipper’s certification when the CTMV is loaded with a hazardous material. You describe a scenario in which several common carriers pick up fuel products from your client’s loading facilities, known as loading racks. The driver of the CTMV is issued a shipping paper for the products loaded in the cargo tank via an automated system, with limited to no interaction with personnel at the loading rack itself. The driver then performs several pre-transportation functions, including securing tank closures and applying placards to the vehicle. We have paraphrased and answered your questions as follows: Q1. You ask whether the driver is responsible for signing the shipper’s certification required by § 172.204(a). You note that in this scenario, the driver is the only person with the knowledge that the vehicle bears the proper hazard communication and is properly prepared for transportation. A1. The answer is no, as the shipper’s certification is not required in this scenario. In accordance with § 172.204(b)(1)(i), a shipper’s certification is not required when a hazardous material—except a hazardous waste— is offered for highway transportation in a cargo tank supplied by the carrier.#

Page 2Q2. You ask whether a driver may sign a shipping paper in a single location to acknowledge both receipt of the lading, and the shipper’s certification. A2. See answer A1, the shipper’s certification is not required in this scenario. Q3. You ask whether the driver is responsible for signing the shipper’s certification statement in this scenario. A3. The answer is no, see answer A1. Q4. You ask whether the supplier—who issues the bill of lading—is responsible for signing the shipper’s certification statement in this scenario. A4. The answer is no, see answer A1. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Patrick From: INFOCNTR (PHMSA) To: Hazmat Interps Subject: FW: Interpretation Request Date: Thursday, June 24, 2021 3:48:08 PM Attachments: image003.png 21-0067 Hello, Below is a request for letter of interpretation. Thanks, Jonathon, HMIC From: Mike Alston <Mike.Alston@hazmat-1.com> Sent: Thursday, June 24, 2021 3:29 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Re: Interpretation Request CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Michael D Alston 1340 Rt 30 Climton pa 15026 4126518776 Get Outlook for Android From: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Sent: Thursday, June 24, 2021 2:47:12 PM To: Mike Alston <Mike.Alston@hazmat-1.com> Subject: RE: Interpretation Request Dear Mike, We have received your request for a written letter of interpretation regarding the hazardous materials regulations (49 CFR Parts 171-180). The hazardous materials regulations are available at the following URL: https://www.ecfr.gov/cgi-bin/text-idx? SID=1d49a3b137cb1b6fc45251074e634b44&tpl=/ecfrbrowse/Title49/49tab_02.tpl However, before we can submit your request for processing, please respond to this email with: Full Name#

Page 4Physical Mailing Address Telephone Number Sincerely, Jonathon, Hazardous Materials Specialist An e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance with 49 CFR 105.20. https://www.phmsa.dot.gov/standards- rulemaking/hazmat/hazardous-materials-information-center From: Mike Alston <Mike.Alston@hazmat-1.com> Sent: Thursday, June 24, 2021 12:55 PM To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov> Subject: Interpretation Request CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. DOT Infor Center-Hazardous Material Specialists: Question: I have a client that operates several gasoline/diesel loading terminals across and several different common carriers pick up at their terminals. The drivers login and are issued a bill of lading via a printer. No one at the site, issues the bill of lading or signs the bill of lading. The driver using a pick up number, enters it into the system and that number is pre-programmed with the materials and quantity to be loaded. The driver pulls under the rack and loads the cargo tank. The driver secures the cargo tank and placards the vehicle. The driver signs the shipping paper as an acknowledgement of accepting the load. Currently, we are asking the drivers to sign once to acknowledge accepting the cargo and a second signature for the shipper’s certification. 1. Is the driver responsible to also sign the Shipper’s certification since the driver is the only person that can verify that the load is packaged, marked, ;labeled and in a condition in accordance with the hazardous material regulations? 2. Can the driver sign once to both acknowledge acceptance of the cargo and the shippers certification? 3. 4. Is the driver responsible for the shipper’s certification in this scenario? Is the supplier that issues the bill of lading responsible for the shipper’s certification, even though they cannot verify the condition of the cargo once it is loaded? Thank you for your assistance. Michael D Alston, CHMM, CDGP Vice President Hazardous Materials Operations#

Page 5Mike.Alston@hazmat-1.com www.hazmat-1.com Cell: 412-651-8776 Office: 724-899-4100 x201 Fax: 724-649-1428 To stay up to date with all things Hazmat and transportation don’t forget to opt-in to our newsletter where you can receive updates on regulation changes, industry news, and exclusive offers CONFIDENTIALITY STATEMENT This electronic message contains information that is confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify me immediately by telephone at (724) 899-4100. CONFIDENTIALITY STATEMENT This electronic message contains information that is confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify me immediately by telephone at (724) 899-4100.#